Louisiana Administrative Code
Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part XLIV - Massage Therapists
Chapter 53 - Misconduct and Negligence in the Practice of Massage Therapy
Section XLIV-5301 - Unprofessional Conduct
Universal Citation: LA Admin Code XLIV-5301
Current through Register Vol. 50, No. 9, September 20, 2024
A. The following acts shall constitute misconduct in the practice of massage therapy or incorrect practice of massage for which disciplinary penalties may be imposed:
1. conviction or a plea of guilty in
any jurisdiction, regardless of adjudication, of a crime directly relating to
the practice of massage or to the ability to practice massage. Any plea of
"nolo contendere" shall be considered a conviction for purposes of this rule;
including pleas of guilty, nolo contendere and pleas under La. C.Cr.P. Article
893 and 894;
2. false, deceptive,
or misleading advertising;
3.
aiding, assisting, procuring, or advising any unlicensed person to practice
massage therapy, contrary to this Rule or to a rule of the department or the
board;
4. engaging in or attempting
or offering to engage a client in sexual activity, including any genital
contact, as provided under
§3101 of this Part;
5. making deceptive, untrue, or fraudulent
representations in the practice of massage;
6. practicing or offering to practice beyond
the scope permitted by law or accepting and performing professional
responsibilities which the licensee knows or has reason to know that he is not
competent to perform;
7. delegating
professional responsibilities to a person when the licensee delegating such
responsibilities knows or has reason to know that such person is not qualified
by training, experience, or licensure to perform them;
8. violating any provision of any rule of the
board or a lawful order issued at a board hearing or failing to comply with a
lawfully issued subpoena;
9.
operating any massage establishment unless it has been duly licensed as
provided herein;
10. operating a
massage establishment under a suspended, expired, or revoked license;
11. refusing to permit the board to inspect
the business premises of the licensee during regular business hours;
12. practicing massage therapy when a license
to practice massage therapy has expired, been revoked, suspended or otherwise
acted against, including the denial of licensure by the licensing authority of
another state, territory or country;
13. failure to perform any statutory or legal
obligation placed upon a licensed massage therapist;
14. inability to skillfully and safely engage
in the practice of massage therapy by reason of illness, alcohol or substance
abuse or as a result of any mental or physical condition;
15. engaging in the practice of massage
therapy without a current massage license;
16. failure to practice massage with that
level of care, skill, and treatment which is recognized by a reasonably prudent
similar massage therapist as being acceptable under similar conditions and
circumstances;
17. failing to keep
the equipment and premises of the massage establishment in a clean and sanitary
condition;
18. engaging in the
practice of reflexology without a current massage therapy license.
a. For the purpose of this Rule:
reflexology-the manipulation of the superficial tissues of the hands and feet, based on the theory that manipulation of body reflex areas or zones can affect other body functions.
AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3551 et seq., and R.S. 37:3555 et seq.
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